Frequently Asked Questions

I am a patient:

The Mental Health Act and compulsory treatment

What is compulsory treatment?

If you have a mental illness, a psychiatrist may examine you and decide that you need to receive treatment for the mental illness. A psychiatrist can only treat you as a compulsory patient if they are satisfied the four treatment criteria as set out in the Mental Health Act 2014 (Vic) apply to you.

Compulsory treatment is treatment you can get even if you do not agree to it.

An Order authorises your compulsory treatment. There are three types of compulsory treatment orders:

Assessment Order – This is made by a registered medical practitioner or mental health practitioner and enables a further examination by an authorised psychiatrist who may decide that you meet the criteria for compulsory treatment and make a Temporary Treatment Order.

Temporary Treatment Order – This is made by an authorised psychiatrist and may last for up to 28 days. If your psychiatrist believes you meet the criteria for compulsory treatment for longer than 28 days you will be entitled to a Mental Health Tribunal hearing where the Tribunal may make a Treatment Order.

Treatment Order – This is made by the Mental Health Tribunal who will decide the duration of the order, and whether you need to be treated in hospital.

Why am I being treated as a compulsory patient?

Your psychiatrist has made a compulsory treatment order because they believe you meet all of the four treatment criteria as set out in the Mental Health Act 2014 (Vic).

What are the four treatment criteria?

The treatment criteria as set out in the Mental Health Act 2014 (Vic) are:

you have a mental illness; and

because of the mental illness, you need immediate treatment to prevent:

serious deterioration in your mental health or physical health; or

serious harm to yourself or to another person; and

immediate treatment will be provided to you if you are subject to a compulsory treatment order; and

there is no less restrictive way reasonably available to enable you to receive immediate treatment.

I don’t want to be on a compulsory treatment order. What can I do?

You can apply to revoke the compulsory treatment order. This means that the Tribunal will hold a hearing to decide whether to revoke the order or to make a new treatment order.

If you are in hospital, you can ask for an application form from the nurses’ station. They will send the application to the Tribunal on your behalf.

What is a Tribunal hearing?

A hearing is like a meeting where it will be decided whether you need compulsory treatment. Your hearing will either be held at the hospital or clinic where you are receiving treatment. Hearings usually take less than one hour.

There will be three Tribunal members at your hearing: a legal member, a community member, and a psychiatrist or medical member.

Someone from the treating team will be at the hearing to answer questions from the Tribunal.

The Tribunal would prefer you to come to your hearing to tell them about your treatment preferences. You are welcome to bring a support person. See also “Do I have to go to my hearing?” and “Can my carer, friends and family come to my hearing with me” below.

Is there anyone that can help me through the compulsory treatment process?

If you are on a compulsory treatment order, you may be eligible for an advocate to support you to have your say about your assessment, treatment and recovery. You can call the Independent Mental Health Advocacy service on 1300 947 820 or visit their website.

What is the Tribunal's role in making decisions about electroconvulsive treatment (ECT)?

Information about the Tribunal’s role related to electroconvulsive treatment (ECT) is available here.

Before your hearing

When will my hearing be?

The Tribunal will send you a letter with the date of your hearing and where it will be held (this is a hearing notice).

If you have not received this letter yet, you can call the Tribunal to confirm your hearing date. Please call us on 9032 3200 or 1800 242 703 (toll-free).

The mental health service will tell you the time of your hearing.

Where will my hearing be?

The Tribunal will send you a letter called a Hearing Notice. The Hearing Notice will tell you the date of your hearing and where it will be held.

If you have not received the Hearing Notice, you can call the Tribunal on (03) 9032 3200 or Toll Free on 1800 242 703 to confirm your hearing date.

The health service will tell you what time your hearing will start. It is a good idea to arrive 15 minutes early.

Do I have to go to my hearing?

No. But your hearing is an important opportunity for you to have your say.

At your hearing you will have an opportunity to say what you think about your treatment.

If you don’t go to the hearing, the Tribunal must still make a decision.

Even if you don’t want to go to the hearing, you can still write down some notes about how you feel about your treatment. The Tribunal will send you a form called Your Report to the Mental Health Tribunal. You can use this form to help you prepare what you want to say.

If you have an Advance Statement you can provide a copy to the Tribunal for the hearing. To find out more, go to About Advance Statements.

What are my rights at a Tribunal hearing?

A member of staff at your health service will talk to you about the Tribunal and your rights. They must also give you a copy of a Statement of Rights. This document sets out your rights while being assessed or receiving treatment for your mental illness

The Tribunal has also prepared information setting out your rights at a Tribunal hearing. The Tribunal will send this document to you with the hearing notice. You can download the information here.

Can my carer, friends or family come to my hearing with me?

Yes, you may bring any support person with you to the hearing.

You may also nominate a person to receive information and to support you during the compulsory treatment process. This person would be your Nominated Person. If you would like to nominate someone, you should ask your mental health service for a Nominated Person form. More information about nominated persons and how to make a nomination is available here.

How do I get an interpreter for my hearing?

If you need an interpreter at your hearing, or your carer, nominated person or family member needs an interpreter, please let your treating team know. The Treating team will tell the Tribunal and they will arrange an interpreter to come to your hearing. You will not need to pay for this.

How can I prepare for my hearing?

Read the report

The treating team must give you a copy of their written report, and any other documents they are providing to the Tribunal, at least 48 hours before the hearing. The report will tell you why the treating team think you need compulsory treatment and why they are asking the Tribunal to make a Treatment Order.

It is a good idea to read the report written by the treating team before the hearing or ask them to explain it to you.

You may disagree with some of the things the treating team have written in the report. At your hearing you can tell the Tribunal what your experience has been and your views about what the report says.

Make notes about what to say

At the hearing the Tribunal may ask you about your mental health. The Tribunal will be interested in what you think about your treatment. The Tribunal may ask you some questions about whether you would voluntarily accept some or any of your treatment. The Tribunal will want to hear about how things are going with your treating team.

Victoria Legal Aid provides this useful booklet Going to a Mental Health Tribunal Hearing to help you prepare for your hearing . Printed copies may be available at the hospital or clinic. Please request one to be printed if none are available.

You can talk to a lawyer to help you prepare for your hearing. A lawyer can also represent you at the hearing. You can call Victoria Legal Aid on 1300 792 387 or the Mental Health Legal Centre on (03) 9629 4422 or 1800 555 887 (for country callers).

Can I see my clinical file and other documents before the hearing?

If there is a Tribunal hearing coming up, you have the right to see documents that are connected with your hearing at least 48 hours before the hearing. Usually, these documents will be a report your treating team prepares for the Tribunal and the current volume of your clinical file (or at least certain documents on that file). For more information you can read ‘Your right to access documents before your Tribunal hearing’ available here.

However, if your treating team believes that showing you a particular document may cause serious harm to you or someone else they can ask the Tribunal not to let you see that document. The Tribunal will make a decision about this before your hearing.

If you want to see other documents that are not related to the Tribunal hearing, you should speak with the mental health service. You may need to make a freedom of information application through your mental health service.

How do I get legal advice?

You can talk to a lawyer to help you prepare for your hearing. A lawyer can also represent you at the hearing. You can call Victoria Legal Aid on 1300 792 387 or the Mental Health Legal Centre on (03) 9629 4422 or 1800 555 887 (for country callers).

At your hearing

What will happen at my hearing?

At your hearing the Tribunal members will talk with you, your carer, family member and/or nominated person about whether a Treatment Order is needed. The Tribunal members may ask about your views and preferences about treatment. You can tell the Tribunal members what you think about your treatment and your treatment goals.

The Tribunal members will also ask the treating team why they think you need compulsory treatment. You can also ask your treating team some questions. If you attend your hearing with a support person, such as a lawyer or nominated person, they can ask questions of the treating team or about the report.

When the Tribunal members have finished asking questions and have listened to and read all of the relevant information given to them, they will ask everyone to leave the room while they make a decision.

The Tribunal will ask everyone to come back into the room to hear the Tribunal’s decision. The Tribunal will tell you the decision they have made and why they have made that decision. They will give you a copy of their decision. This is called a determination.

What decisions can the Tribunal make?

Most commonly, the Tribunal decides whether to make a Treatment Order, for how long and whether you need to be treated in hospital.

The Tribunal can make a:

Community Treatment Order – you do not need to be in hospital while receiving treatment. This Order can be made for a maximum of 12 months if you are 18 years or older.

Inpatient Treatment Order – you must be in hospital while receiving treatment. This Order can be made for a maximum of six months if you are 18 years or older.

If you are under 18 years old, a Treatment Order can only be made for a maximum of three months.

The Tribunal can also make an order about electroconvulsive treatment and neurosurgery for mental illness.

After your hearing

How do I get written reasons for the decision made at the hearing?

If you would like a written explanation of the decision made at your hearing, you can contact the Tribunal and request a statement of reasons. A request for a statement of reasons must be made in writing and within 20 business days after the hearing. If you request a statement of reasons, a copy will also be provided to your treating team.

You can also ask your lawyer, treating team, mental health advocate or the Tribunal to help you to request a statement of reasons. You can call the Tribunal on 9032 3200 or Toll Free on 1800 242 703, send an email to mht@mht.vic.gov.au or go to Contact the Tribunal.

For more information about what a statement of reasons is, or to look at statements of reasons published on the Tribunal’s website, go to Statement of Reasons.

I don’t agree with the decision made at the hearing. What can I do?

If you don’t agree with the decision the Tribunal made at your hearing, you can do one of two things:

Appeal the decision. This is called an application to the Tribunal to revoke the Treatment Order. This means you are applying to the Tribunal to stop, cancel or end the Treatment Order. If you make an application to revoke your Treatment Order, the Tribunal will hold another hearing and will make a fresh decision. The Tribunal will need to make a decision about whether to end the Treatment Order or to make a new Treatment Order. Go to Application to Mental Health Tribunal to print a copy

Appeal the decision of the Tribunal to the Victorian Civil and Administrative Tribunal (VCAT). This means VCAT will hold a hearing to decide whether to cancel the Treatment Order or to keep the Treatment Order. VCAT may also change the Order to an Inpatient Treatment Order or a Community Treatment Order. VCAT may also change the duration of the Order. Visit VCAT’s website for more information.

I don’t agree with my treatment. What can I do?

If you are worried about the treatment you are receiving, you should talk to your treating team first.

You can also seek a second psychiatric opinion at any time. If you would like a second opinion, you should ask your mental health service. To find out more about the second opinion service visit the Second Psychiatric Opinion Service website.

How do I make a complaint about the Tribunal?

If you have a complaint about a Tribunal hearing or about services provided by the Tribunal, we encourage you to let us know. All complaints will be investigated and we will give you a written response.

If you simply want to provide feedback, we will acknowledge receipt of your feedback but no formal response will be prepared. If appropriate, your feedback may be used to review our current policies and procedures.

I am a carer / nominated person / guardian:

How do I get information from the Tribunal about a hearing?

The Tribunal is required to tell carers, guardians and nominated persons about a Tribunal hearing. We rely on contact details provided to us by the mental health service. If you believe you have provided your information to the mental health service but have not received a notice of hearing, please contact the Tribunal.

Can I go to the hearing?

You can go to the hearing if the consumer agrees. Your views about the consumer and their treatment are important to the Tribunal.

However, if the consumer does not want you to be at the hearing or is unable to agree to you being at the hearing, the Tribunal will decide whether they need to talk to you to make a decision.

Can I speak at the hearing?

You can speak at the hearing if the consumer agrees. Your views about the consumer and their treatment are important to the Tribunal.

However, if the consumer does not want you to speak at the hearing or is unable to agree to you speaking at the hearing, the Tribunal will decide whether they need to talk to you to make a decision.

Can I give the Tribunal information for the hearing?

Yes. However, any information you give to the Tribunal will need to be shown to the consumer before the hearing. The consumer has a right to know the information that is being considered at the hearing. If there is information that you want to give but think may be harmful to your relationship with the consumer, you should give that information to the mental health service (not to the Tribunal) and ask that they apply to stop the consumer from receiving the information. This is called an Application to deny access to documents.

Can I have access to the documents prepared for the hearing?

The Mental Health Act 2014 (Vic) only requires the mental health service to give documents to the consumer for the hearing. There is no automatic right for you to access these documents. However, the consumer may show you these documents if they want you to see them.